PATENT means the title granted to protect an Invention. An invention may be a product or process, and in any field of technology.
PATENT PROTECTION PERIOD
Patent protection is granted for a period generally 20 years from the filling date of the application.
YOUR PATENT RIGHTS
The owner of a patent has the exclusive right to exploit the patented invention and to authorise another person to exploit the invention. The owner also has the right to assign or transfer the patent; and to enter into licensing contracts. Overall a patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.
CONDITION TO OBTAIN PATENT PROTECTION
An invention must in general, fulfill the following conditions to be protected by a patent. It must be new and does not form part of the state of the art. The invention must show an inventive step that could not be deduced by a person with the average knowledge of the technical field and the invention is capable of industrial application.
ACTS OF PATENT INFRINGEMENT
A person infringes a patent if, while the patent is in force, the person does any of the following things in Vanuatu in relation to the invention protected by the patent without the consent or authority of the owner:
- if the invention is a product – the person makes, disposes of, offers to dispose of, uses or imports the product, or keeps it (whether for disposal or otherwise); or
- if the invention is a process – the person uses the process, or offers it for use in Vanuatu, when the person knows, or it is obvious to a reasonable person in the circumstances, that its use without the consent of the owner would be an infringement of the patent; or
- if the invention is a process – the person disposes of, offers to dispose of, uses or imports a product obtained directly through the process, or keeps a product of that kind, whether for disposal or otherwise.
HOW PATENT RIGHTS ARE ENFORCED
The owner of a patent may bring proceedings in court for any act alleged to infringe the patent.
The owner may apply to court for any other remedies such as;
- an injunction restraining the defendant from any alleged act of infringement; or
- an order for the defendant to deliver up or destroy any patented product in relation to which the patent is infringed, or any article in which that product is inextricably comprised; or
- damages for the infringement; or
- an account of the profits derived by the defendant from the infringement; or
- a declaration that the patent is valid and has been infringed by the defendant.
NON PATENTABLE INVENTIONS
The following inventions are not Patentable:
(a) plants or animals other than micro-organisms;
(b) biological processes for the production of plants or animals other than non-biological and micro biological processes;
(c) diagnostic, therapeutic and surgical methods for the treatment of humans or animals:
(d) a discovery, scientific theory or mathematical method;
(e) a scheme, rule or method for performing a mental act, playing a game or doing business;
(f) a program for a computer.
PATENT APPLICATION PROCESS
After you have submitted your patent application certain procedures must be followed. These are the exhaustive step-by-step overview
- Publication of Application - The details of your patent application must be published in the Gazette. Note that the Registrar must not publish an application or the prescribed details if the application is withdrawn. The registrar may further omit from publication any matter that in the registrar’s opinion is likely to damage a person or whose publication or exploitation would in the Registrar’s opinion be generally expected to encourage offensive, immoral or anti – social behaviour
- Formality examination – After publication formality examination is conducted on the application to examine whether or not your application complies with the Vanuatu Patents Act
- Search and Examination – After the formality examination the applicant must ask for a search by filing in the search application form and the search must be conducted by an examiner to discover the prior relevant art (if any) contain in the application. An examination request may be also ask by the applicant upon filing in the examination form than a substantive examination is further conducted by a examiner to examine whether the invention is new, involves an inventive step, and is capable of industrial application.
- Grant of a patent – The Registrar than must grant the applicant a patent if the Registrar is satisfied that:
- the application complies with this Act; and
- the search reports and examination reports show that:
- there is no prior art contain in the application
- The invention is new
- It involves an inventive step
- It is capable of industrial application
- the prescribed fees for the grant of patent is paid and
- there is no opposition to the grant of the patent.
PATENTS SERVICES AND SCHEDULE OF FEES
|
Services |
US Dollar |
Vatu |
|
Section 12 – Application of Patent |
USD 280.00 |
Equivalent in Vatu |
|
Section 17(2) (a) – Application for search |
USD 600.00 |
Equivalent in Vatu |
|
Section 17(2) (b) – Application for Examination |
USD 500.00 |
Equivalent in Vatu |
|
Section 22 – Opposing a grant of patent |
USD 350.00 |
Equivalent in Vatu |
|
Section 25 – Renewal of patent for each year |
USD 100.00 |
Equivalent in Vatu |
|
Section 30 – Assignment and Transmission of patent |
USD 230.00 |
Equivalent in Vatu |
|
Paragraph 39(2) (b) - Re – Examination |
USD 600.00 |
Equivalent in Vatu |
|
Sub section 39 (6) – application of an order to revoke a patents on application |
USD 300.00 |
Equivalent in Vatu |